Even a doctor who does everything right can misdiagnose a serious disease. But in many situations, misdiagnosis or delayed diagnosis result from true medical negligence, when a medical professional makes an error that another professional could have reasonably caught.
If you or loved one’s breast cancer misdiagnosis was the result of negligence and resulted in medical bills, lost wages, pain and suffering, or wrongful death, you may be entitled to financial compensation. Because it can be difficult to tell whether or not your doctor acted negligently, it is often a good idea to consult with a cancer misdiagnosis attorney in Northern New Jersey. Find out more below.
Common Misdiagnosis Scenarios
While every medical case is unique, certain situations are more likely to lead to breast cancer misdiagnosis. According to a study in the journal Breast Disease, clinician error that led to misdiagnosis often fell into three distinct categories, including “young patients,” “self-discovered breast masses,” and “negative mammograms.” The authors called these the “triad of error,” meaning that they make up the majority of breast cancer misdiagnoses.
Young Patients
According to the Centers for Disease Control, age is one of the biggest risk factors for breast cancer, and women over 50 are at greatest risk. However, according to the Cleveland Clinic, breast cancer in younger patients, while rarer, is not a total anomaly. In fact, roughly 5% of cases occur in a woman under 40, and breast cancer in younger in these patients is different for several reasons:
- Breast tissue in a younger woman is often denser, so being diagnosed can be more difficult
- Breast cancers in younger patients is often more aggressive and harder to treat
- Healthcare providers may dismiss symptoms because of the age range of the patient
While legitimate mistakes can lead to misdiagnosis, it’s possible that your cancer misdiagnosis was a case of medical malpractice. If you’re unsure, it may be a good idea to get in touch with a Northern New Jersey cancer misdiagnosis attorney
Self-Discovered Breast Masses
According to the Mayo Clinic, most medical organizations don’t necessarily endorse or encourage self-exam. The American Cancer Society says that self-exams haven’t been shown to be effective in detecting cancer or improving survival rates, though self-exams can be useful to make sure women are familiar with how their breasts look and feel so that they can contact a doctor if they detect a change. Nevertheless, many women report that their first sign of breast cancer was a self-discovered lump.
While big-picture statistics are useful for public health recommendations for cancer screenings, those statistics do not predict individual situations. If you discover a lump during a self-exam that turns out to be cancerous, and your concerns were dismissed by a medical professional, this could be considered medical negligence. Contact Buttafuoco & Associates for a free consultation with a cancer misdiagnosis lawyer serving Northern New Jersey to see if you have a medical malpractice case.
Negative Mammograms
Mammograms are among the most effective tools for detecting breast cancer early, and regular mammograms are one of the major reasons deaths from breast cancer have declined. With this in mind, it’s not uncommon for clinicians to dismiss symptoms when mammogram tests come up negative. However, mammograms aren’t perfect, and with the presence of other symptoms, further diagnostic testing may be warranted. Additionally, if a medical professional misreads a mammogram and fails to diagnose cancer because of it, this could be a case of negligence.
How an attorney can help
If your case falls into one of these three categories above, it’s possible that your medical team was guilty of negligence and a Northern New Jersey cancer misdiagnosis lawyer may be able to help.
Medical malpractice involves a number of specific steps that can be daunting for those outside the legal profession. It involves gathering significant documentation and proving that your medical team’s error rose to the level of negligence. Furthermore, you’ll be up against the medical professional’s malpractice insurance attorneys, who are incredibly experienced in defending their clients.
Get in touch with Buttafuoco & Associates for a free consultation to see if we can help you win your cancer misdiagnosis case.
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